Lesson 6.2 · 6 min

When the labour inspectorate visits

Open in the coursewith narrated slides, a checklist to tick off and a quiz

At a glance

Advise, request, only then report. For a breach, the inspectorate advises, asks in writing for the lawful state within a deadline, and reports only if the deadline passes.
What must be provable. The safety and health document, the training sessions, the first aiders' training, the notice of the safety representative, the accident records.
Document and business should match. The Labour Inspectorate keeps finding that what's documented has little to do with how the business really works.
An owner and a date. If a request arrives, it needs an owner and a date within the deadline, like any other measure.
A review can be requested. When the labour inspectorate asks with good reason, the assessment must be reviewed and adjusted where needed.

In detail

How it works

If the Labour Inspectorate finds a breach, it advises as far as possible, aiming at the most effective implementation, and asks the employer informally in writing to restore the lawful state within a reasonable time § 9(1) ArbIG. Only if the deadline passes does the inspectorate file a report § 9(2) ArbIG; for serious breaches, it does so without a prior request § 9(3) ArbIG. It can also ask, with good reason, for the assessment to be reviewed § 4(5) no. 6 ASchG.

What must be provable

The duties in this course add up to what a small business must be able to show:

What	Basis
the safety and health document, with hazards, measures, owners and deadlines	§ 5 ASchG, § 2 DOK-VO
records of training	§ 14(1) ASchG
records of the first aiders' training and refreshers	§ 40 AStV
the written notice of the safety representatives to the labour inspectorate, above 10 workers	§ 10(8) ASchG
the records of accidents at work for the last five years	§ 16 ASchG
the assessment under the Maternity Protection Act, where women are employed	§ 2a MSchG

Document and reality

From its inspections, the Labour Inspectorate notes that what's documented keeps having little to do with how the business really works (Labour Inspectorate). So the best preparation isn't a folder for the inspection, but an assessment that was made at the workstation and is kept up.

If a written request arrives, it can be handled like a measure from the assessment: with an owner and a date within the deadline, just as the document requires for open measures § 2(1) no. 6 DOK-VO.

Checklist

We can find the safety and health document within minutes.
The records of training and first aiders are complete.
If we need a safety representative, the notice to the inspectorate is on file.
The accident records for the last five years are there.
The document matches what really happens in the business.

Quiz

What must the labour inspectorate do before reporting a breach that isn't serious?

Visit the business twice
Notify the AUVA
Advise, and ask in writing for the lawful state within a reasonable deadline
Nothing, it reports at once

Show the answer

The answer is C: Advise, and ask in writing for the lawful state within a reasonable deadline. § 9(1) and (2) ArbIG: advice and a written request with a deadline; a report follows only if the deadline isn't met.

Sources

This lesson's statements rest on:

Not legal advice. What counts is the Workers Protection Act (ASchG) and its regulations in the Federal Legal Information System (read on 4 October 2026). Rules for areas outside the ASchG, such as agriculture and forestry or the public service, and special rules for particular substances or sectors are not covered. Not an offer of the Labour Inspectorate, the AUVA or the Chamber of Commerce.